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22 February 2013
Issue: 7549 / Categories: Case law , Law reports , In Court
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Contract of insurance—Nature of contract

Re Digital Satellite Warranty Cover Ltd and another v Financial Services Authority [2013] All ER (D) 140 (Feb), [2013] UKSC 7

Supreme Court Lord Neuberger P, Lady Hale, Lord Mance, Lord Clarke and Lord Sumption SCJJ 13 Feb 2013

First Council Directive (EEC) 73/239 did not prevent member states from imposing wider regulations on insurance contracts including contracts for benefits in kind rather than pecuniary benefits.

Lesley Anderson QC and Lloyd Tamlyn (instructed by Brabners Chaffe Street LLP) for the appellants. Jonathan Crow QC and Charlotte Cooke (instructed by the Financial Services Authority Legal Department) for the Financial Services Authority.

The appellants were engaged in selling and performing extended warranty contracts. Under the contracts, in consideration of a periodic payment, they contracted to repair or replace satellite television dishes, digital boxes and associated equipment in the event of breakdown, malfunction or, in certain cases, physical damage. Although not accepted by the appellants, the litigation proceeded on the basis that at common law the contracts were contracts of insurance.

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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